Common use of Capital Reorganizations and Other Reclassifications Clause in Contracts

Capital Reorganizations and Other Reclassifications. In case of any capital reorganization of the Company, or of any reclassification of the Units (other than a reclassification, subdivision or combination of Units referred to in Paragraph 3(a)), this Warrant shall, after such capital reorganization, reclassification of Units, consolidation, merger, or sale, be immediately exercisable, upon the terms and conditions specified in this Warrant, for the kind, amount and number of Units or other securities, assets, or cash to which a holder of the number of Units purchasable (at the time of such capital reorganization, reclassification of Units, consolidation, merger or sale) upon exercise of this Warrant would have been entitled to receive upon such capital reorganization, reclassification of Units, consolidation, merger, or sale; and in any such case, if necessary, the provisions set forth in this Section 3 with respect to the rights and interests thereafter of the Warrantholder shall be appropriately adjusted so as to be applicable, as nearly equivalent as possible, to any Units or other securities, assets, or cash thereafter deliverable on the exercise of this Warrant. The Company shall not effect any such consolidation, merger, or sale, unless prior to or simultaneously with the consummation thereof the successor corporation or entity (if other than the Company) resulting from such consolidation or merger or the corporation or entity purchasing such assets or other appropriate corporation or entity shall assume, by written instrument, the obligation to deliver to the Warrantholder such Units, securities, assets, or cash as, in accordance with the foregoing provisions, such holders may be entitled to purchase and the other obligations hereunder. The subdivision or combination of Units at any time outstanding into a greater or lesser number of Units shall not be deemed to be a reclassification of the Units for purposes of this Paragraph 3(f).

Capital Reorganizations and Other Reclassifications. In case of any capital reorganization of the Company, or of any reclassification of the Units shares of Common Stock (other than a reclassification, subdivision or combination of Units shares of Common Stock referred to in Paragraph paragraph 3(a)) of this Warrant Certificate), or in case of the consolidation of the Company with, or the merger of the Company with, or merger of the Company into, any other corporation (other than a reclassification of the shares of Common Stock referred to in paragraph 3(a) of this Warrant Certificate or a consolidation or merger which does not result in any reclassification or change of the outstanding shares of Common Stock) or of the sale of the properties and assets of the Company as, or substantially as, an entirety to any other corporation or entity occurring on or before the Expiration Time, each Warrant shall, after such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale, be immediately exercisable, upon the terms and conditions specified in this WarrantWarrant Certificate, for the kind, amount and number of Units shares or other securities, assets, or cash to which a holder of the number of Units shares of Common Stock purchasable (at the time of such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger or sale) upon exercise of this such Warrant would have been entitled to receive upon such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale; and in any such case, if necessary, the provisions set forth in this Section section 3 with respect to the rights and interests thereafter of the Warrantholder shall be appropriately adjusted so as to be applicable, as nearly equivalent as possible, to any Units shares or other securities, assets, or cash thereafter deliverable on the exercise of this Warrantthe Warrants. The Company shall not effect any such consolidation, merger, or sale, unless prior to or simultaneously with the consummation thereof the successor corporation or entity (if other than the Company) resulting from such consolidation or merger or the corporation or entity purchasing such assets or other appropriate corporation or entity shall assume, by written instrument, the obligation to deliver to the Warrantholder such Unitsshares, securities, assets, or cash as, in accordance with the foregoing provisions, such holders may be entitled to purchase and the other obligations hereunder. The subdivision or combination of Units shares of Common Stock at any time outstanding into a greater or lesser number of Units shares shall not be deemed to be a reclassification of the Units shares of Common Stock for purposes of this Paragraph 3(fparagraph 3(d).

Capital Reorganizations and Other Reclassifications. In case of any capital reorganization of the Company, or of any reclassification of the Units shares of Common Stock (other than a reclassification, subdivision or combination of Units shares of Common Stock referred to in Paragraph 3(a)), this or in case of the consolidation of the Company with, or the merger of the Company with, or merger of the Company into, any other corporation (other than a reclassification of the shares of Common Stock referred to in Paragraph 3(a) or a consolidation or merger which does not result in any reclassification or change of the outstanding shares of Common Stock) or of the sale of the properties and assets of the Company as, or substantially as, an entirety to any other corporation or entity, each Warrant shall, after such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale, be immediately exercisable, upon the terms and conditions specified in this WarrantWarrant Certificate, for the kind, amount and number of Units shares or other securities, assets, or cash to which a holder of the number of Units shares of Common Stock purchasable (at the time of such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger or sale) upon exercise of this such Warrant would have been entitled to receive upon such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale; and in any such case, if necessary, the provisions set forth in this Section 3 with respect to the rights and interests thereafter of the Warrantholder shall be appropriately adjusted so as to be applicable, as nearly equivalent as possible, to any Units shares or other securities, assets, or cash thereafter deliverable on the exercise of this Warrantthe Warrants. The Company shall not effect any such consolidation, merger, or sale, unless prior to or simultaneously with the consummation thereof the successor corporation or entity (if other than the Company) resulting from such consolidation or merger or the corporation or entity purchasing such assets or other appropriate corporation or entity shall assume, by written instrument, the obligation to deliver to the Warrantholder such Unitsshares, securities, assets, or cash as, in accordance with the foregoing provisions, such holders may be entitled to purchase and the other obligations hereunder. The subdivision or combination of Units shares of Common Stock at any time outstanding into a greater or lesser number of Units shares shall not be deemed to be a reclassification of the Units shares of Common Stock for purposes of this Paragraph 3(f3(e).

Capital Reorganizations and Other Reclassifications. In case of any capital reorganization of the Company, or of any reclassification of the Units shares of Common Stock (other than a reclassification, subdivision or combination of Units shares of Common Stock referred to in Paragraph Section 3(a)), or in case of the consolidation of the Company with, or the merger of the Company with, or merger of the Company into, any other corporation (other than a reclassification of the shares of Common Stock referred to in Section 3(a) or a consolidation or merger which does not result in any reclassification or change of the outstanding shares of Common Stock) or of the sale of the properties and assets of the Company as, or substantially as, an entirety to any other corporation or entity occurring on or after the Warrant Commencement Date and on or before the Expiration Time, this Warrant shall, after such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale, be immediately exercisable, upon the terms and conditions specified in this Warrant, for the kind, amount and number of Units shares or other securities, assets, or cash to which a holder of the number of Units shares of Common Stock purchasable (at the time of such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger or sale) upon exercise of this Warrant would have been entitled to receive upon such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale, as otherwise provided herein; and in any such case, if necessary, the provisions set forth in this Section 3 with respect to the rights and interests thereafter of the Warrantholder shall be appropriately adjusted so as to be applicable, as nearly equivalent as possible, to any Units shares or other securities, assets, or cash thereafter deliverable on the exercise of this Warrant. The Company shall not effect any such consolidation, merger, or sale, unless prior to or simultaneously with the consummation thereof the successor corporation or entity (if other than the Company) resulting from such consolidation or merger or the corporation or entity purchasing such assets or other appropriate corporation or entity shall assume, by written instrument, the obligation to deliver to the Warrantholder such Unitsshares, securities, assets, or cash as, in accordance with the foregoing provisions, such holders may be entitled to purchase and the other obligations hereunder. The subdivision or combination of Units shares of Common Stock at any time outstanding into a greater or lesser number of Units shares shall not be deemed to be a reclassification of the Units shares of Common Stock for purposes of this Paragraph 3(fSection 3(e).

Capital Reorganizations and Other Reclassifications. In case of any capital reorganization of the Company, or of any reclassification of the Units Common Stock, or in case of the consolidation of the Company with, or the merger of the Company with, or merger of the Company into, any other corporation (other than a reclassificationconsolidation or merger which does not result in any reclassification or change of the outstanding Common Stock) or of the sale of the properties and assets of the Company as, subdivision or combination of Units referred substantially as, an entirety to in Paragraph 3(a))any other corporation or entity, this Warrant shall, after such capital reorganization, reclassification of Unitsthe Common Stock, consolidation, merger, or sale, be immediately exercisable, upon the terms and conditions specified in this Warrant, for the kind, amount and number of Units shares or other securities, assets, or cash to which a holder of the number of Units Common Stock purchasable (at the time of such capital reorganization, reclassification of Unitsthe Common Stock, consolidation, merger or sale) upon exercise of this such Warrant would have been entitled to receive upon such capital reorganization, reclassification of Unitsthe Common Stock, consolidation, merger, or sale; and in any such case, if necessary, the provisions set forth in this Section 3 2 with respect to the rights and interests thereafter of the Warrantholder Holder shall be appropriately adjusted so as to be applicable, as nearly equivalent as possible, to any Units shares or other securities, assets, or cash thereafter deliverable on the exercise of this Warrant. The Company shall not effect any such consolidation, merger, or sale, unless prior to or simultaneously with the consummation thereof the successor corporation or entity (if other than the Company) resulting from such consolidation or merger or the corporation or entity purchasing such assets or other appropriate corporation or entity shall assume, by written instrument, the obligation to deliver to the Warrantholder Holder such Unitsshares, securities, assets, or cash as, in accordance with the foregoing provisions, such holders may be entitled to purchase and the other obligations hereunder. The subdivision or combination of Units at any time outstanding into a greater or lesser number of Units shall not be deemed to be a reclassification of the Units for purposes of this Paragraph 3(f).

Capital Reorganizations and Other Reclassifications. In case of any capital reorganization of the Company, or of any reclassification of the Units shares of Common Stock (other than a reclassification, subdivision or combination of Units shares of Common Stock referred to in Paragraph paragraph 3(a)) of this Warrant Certificate), or in case of the consolidation of the Company with, or the merger of the Company with, or merger of the Company into, any other corporation (other than a reclassification of the shares of Common Stock referred to in paragraph 3(a) of this Warrant Certificate or a consolidation or merger which does not result in any reclassification or change of the outstanding shares of Common Stock) or of the sale of the properties and assets of the Company as, or substantially as, an entirety to any other corporation or entity occurring on or before the Expiration Time, each Warrant shall, after such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale, be immediately exercisable, upon the terms and conditions specified in this WarrantWarrant Certificate, for the kind, amount and number of Units shares or other securities, assets, or cash to which a holder of the number of Units shares of Common Stock purchasable (at the time of such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger or sale) upon exercise of this such Warrant would have been entitled to receive upon such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale; and in any such case, if necessary, the provisions set forth in this Section section 3 with respect to the rights and interests thereafter of the Warrantholder shall be appropriately adjusted so as to be applicable, as nearly equivalent as possible, to any Units shares or other securities, assets, or cash thereafter deliverable on the exercise of this Warrantthe Warrants. The Company shall not effect any such consolidation, merger, or sale, unless prior to or simultaneously with the consummation thereof the successor corporation or entity (if other than the Company) resulting from such consolidation or merger or the corporation or entity purchasing such assets or other appropriate corporation or entity shall assume, by written instrument, the obligation to deliver to the Warrantholder such Unitsshares, securities, assets, or cash as, in accordance with the foregoing provisions, such holders may be entitled to purchase and the other obligations hereunder. The subdivision or combination of Units shares of Common Stock at any time outstanding into a greater or lesser number of Units shares shall not be deemed to be a reclassification of the Units shares of Common Stock for purposes of this Paragraph 3(fparagraph 3(g).

Capital Reorganizations and Other Reclassifications. In case of any capital reorganization of the Company, or of any reclassification of the Units shares of Common Stock (other than a reclassification, subdivision or combination of Units shares of Common Stock referred to in Paragraph 3(a)subparagraphs 9(a)(i) or 9(b)(i) of this Agreement), or in case of the consolidation of the Company with, or the merger of the Company with, or merger of the Company into, any other corporation (other than a reclassification of the shares of Common Stock referred to in subparagraphs 9(a)(i) or 9(b)(i) of this Agreement or a consolidation or merger which does not result in any reclassification or change of the outstanding shares of Common Stock) or of the sale of the properties and assets of the Company as, or substantially as, an entirety to any other corporation or entity occurring on or after the Warrant Exercise Commencement Date and on or before the Class A Warrant Exercise Expiration Time, each Class A Warrant shall, after such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale, be immediately exercisable, upon the terms and conditions specified in this WarrantAgreement, for the kind, amount and number of Units shares or other securities, assets, or cash to which a holder of the number of Units shares of Common Stock purchasable (at the time of such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger or sale) upon exercise of this such Class A Warrant would have been entitled to receive upon such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale, along with a Class B Warrant as otherwise provided herein; and and, in any such case, if necessary, the provisions set forth in this Section 3 paragraph 9(a) with respect to the rights and interests thereafter of the Warrantholder holders of Class A Warrants shall be appropriately adjusted so as to be applicable, as nearly equivalent as possible, to any Units shares or other securities, assets, or cash thereafter deliverable on the exercise of this Warrantthe Class A Warrants. The Company shall not effect any such consolidation, merger, or sale, unless prior to or simultaneously with the consummation thereof the successor corporation or entity (if other than the Company) resulting from such consolidation or merger or the corporation or entity purchasing such assets or other appropriate corporation or entity shall assume, by written instrument, the obligation to deliver to the Warrantholder holders of Class A Warrants such Unitsshares, securities, assets, or cash as, in accordance with the foregoing provisions, such holders may be entitled to purchase and the other obligations hereunder. The subdivision or combination of Units shares of Common Stock at any time outstanding into a greater or lesser number of Units shares shall not be deemed to be a reclassification of the Units shares of Common Stock for purposes of this Paragraph 3(fsubparagraph 9(a)(iv).

Capital Reorganizations and Other Reclassifications. In case of any capital reorganization of the Company, or of any reclassification of the Units shares of Common Stock (other than a reclassification, subdivision or combination of Units shares of Common Stock referred to in Paragraph 3(a)subparagraphs 9(a)(i) or 9(b)(i) of this Agreement), this or in case of the consolidation of the Company with, or the merger of the Company with, or merger of the Company into, any other corporation (other than a reclassification of the shares of Common Stock referred to in subparagraphs 9(a)(i) or 9(b)(i) or a consolidation or merger which does not result in any reclassification or change of the outstanding shares of Common Stock) or of the sale of the properties and assets of the Company as, or substantially as, an entirety to any other corporation or entity occurring on or after the Warrant Exercise Commencement Date and on or before the Class B Warrant Exercise Expiration Time, each Class B Warrant shall, after such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale, be immediately exercisable, upon the terms and conditions specified in this WarrantAgreement, for the kind, amount and number of Units shares or other securities, assets, or cash to which a holder of the number of Units shares of Common Stock purchasable (at the time of such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger or sale) upon exercise of this such Class B Warrant would have been entitled to receive upon such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale; and and, in any such case, if necessary, the provisions set forth in this Section 3 paragraph 9(b) with respect to the rights and interests thereafter of the Warrantholder holders of Class B Warrants shall be appropriately adjusted so as to be applicable, as nearly equivalent as possible, to any Units shares or other securities, assets, or cash thereafter deliverable on the exercise of this Warrantthe Class B Warrants. The Company shall not effect any such consolidation, merger, or sale, unless prior to or simultaneously with the consummation thereof the successor corporation or entity (if other than the Company) resulting from such consolidation or merger or the corporation or entity purchasing such assets or other appropriate corporation or entity shall assume, by written instrument, the obligation to deliver to the Warrantholder holders of Class B Warrants such Unitsshares, securities, assets, or cash as, in accordance with the foregoing provisions, such holders may be entitled to purchase and the other obligations hereunder. The subdivision or combination of Units shares of Common Stock at any time outstanding into a greater or lesser number of Units shares shall not be deemed to be a reclassification of the Units shares of Common Stock for purposes of this Paragraph 3(fsubparagraph 9(b)(iv).

Capital Reorganizations and Other Reclassifications. In case of any capital reorganization of the Company, or of any reclassification of the Units shares of Common Stock (other than a reclassification, subdivision or combination of Units shares of Common Stock referred to in Paragraph 3(a)), this or in case of the consolidation of the Company with, or the merger of the Company with, or merger of the Company into, any other corporation (other than a reclassification of the shares of Common Stock referred to in Paragraph 3(a) or a consolidation or merger which does not result in any reclassification or change of the outstanding shares of Common Stock) or of the sale of the properties and assets of the Company as, or substantially as, an entirety to any other corporation or entity, each Warrant shall, after such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale, be immediately exercisable, upon the terms and conditions specified in this WarrantWarrant Certificate, for the kind, amount and number of Units shares or other securities, assets, or cash to which a holder of the number of Units shares of Common Stock purchasable (at the time of such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger or sale) upon exercise of this such Warrant would have been entitled to receive upon such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale; and in any such case, if necessary, the provisions set forth in this Section 3 with respect to the rights and interests thereafter of the Warrantholder shall be appropriately adjusted so as to be applicable, as nearly equivalent as possible, to any Units shares or other securities, assets, or cash thereafter deliverable on the exercise of this Warrantthe Warrants. The Company shall not effect any such consolidation, merger, or sale, unless prior to or simultaneously with the consummation thereof the successor corporation or entity (if other than the Company) resulting from such consolidation or merger or the corporation or entity purchasing such assets or other appropriate corporation or entity shall assume, by written instrument, the obligation to deliver to the Warrantholder such Unitsshares, securities, assets, or cash as, in accordance with the foregoing provisions, such holders may be entitled to purchase and the other obligations hereunder. The subdivision or combination of Units shares of Common Stock at any time outstanding into a greater or lesser number of Units shares shall not be deemed to be a reclassification of the Units shares of Common Stock for purposes of this Paragraph 3(f).

Capital Reorganizations and Other Reclassifications. In case of any capital reorganization of the Company, or of any reclassification of the Units Common Stock, or in case of the consolidation of the Company with, or the merger of the Company with, or merger of the Company into, any other corporation (other than a reclassificationconsolidation or merger which does not result in any reclassification or change of the outstanding Common Stock) or of the sale of the properties and assets of the Company as, subdivision or combination of Units referred substantially as, an entirety to in Paragraph 3(a))any other corporation or entity, this Warrant shall, after such capital reorganization, reclassification of Unitsthe Common Stock, consolidation, merger, or sale, be immediately exercisable, upon the terms and conditions specified in this Warrant, for the kind, amount and number of Units shares or other securities, assets, or cash to which a holder of the number of Units shares of Common Stock purchasable (at the time of such capital reorganization, reclassification of Unitsthe Common Stock, consolidation, merger or sale) upon exercise of this such Warrant would have been entitled to receive upon such capital reorganization, reclassification of Unitsthe Common Stock, consolidation, merger, or sale; and in any such case, if necessary, the provisions set forth in this Section 3 2.1 with respect to the rights and interests thereafter of the Warrantholder Holder shall be appropriately adjusted so as to be applicable, as nearly equivalent as possible, to any Units shares or other securities, assets, or cash thereafter deliverable on the exercise of this Warrant. The Company shall not effect any such consolidation, merger, or sale, unless prior to or simultaneously with the consummation thereof the successor corporation or entity (if other than the Company) resulting from such consolidation or merger or the corporation or entity purchasing such assets or other appropriate corporation or entity shall assume, by written instrument, the obligation to deliver to the Warrantholder Holder such Unitsshares, securities, assets, or cash as, in accordance with the foregoing provisions, such holders may be entitled to purchase and the other obligations hereunder. The subdivision or combination of Units at any time outstanding into a greater or lesser number of Units shall not be deemed to be a reclassification of the Units for purposes of this Paragraph 3(f).

Capital Reorganizations and Other Reclassifications. In case of any capital reorganization of the Company, or of any reclassification of the Units shares of Common Stock (other than a reclassification, subdivision or combination of Units shares of Common Stock referred to in Paragraph 3(a)), this or in case of the consolidation of the Company with, or the merger of the Company with, or merger of the Company into, any other corporation (other than a reclassification of the shares of Common Stock referred to in Paragraph 3(a) or a consolidation or merger which does not result in any reclassification or change of the outstanding shares of Common Stock) or of the sale of the properties and assets of the Company as, or substantially as, an entirety to any other corporation or entity, each Warrant shall, after such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale, be immediately exercisable, upon the terms and conditions specified in this WarrantWarrant Certificate, for the kind, amount and number of Units shares or other securities, assets, or cash to which a holder of the number of Units shares of Common Stock purchasable (at the time of such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger or sale) upon exercise of this such Warrant would have been entitled to receive upon such capital reorganization, reclassification of Unitsshares of Common Stock, consolidation, merger, or sale; and in any such case, if necessary, the provisions set forth in this Section 3 with respect to the rights and interests thereafter of the Warrantholder shall be appropriately adjusted so as to be applicable, as nearly equivalent as possible, to any Units shares or other securities, assets, or cash thereafter deliverable on the exercise of this Warrantthe Warrants. The Company shall not effect any such consolidation, merger, or sale, unless prior to or simultaneously with the consummation thereof the successor corporation or entity (if other than the Company) resulting from such consolidation or merger or the corporation or entity purchasing such assets or other appropriate corporation or entity shall assume, by written instrument, the obligation to deliver to the Warrantholder such Unitsshares, securities, assets, or cash as, in accordance with the foregoing provisions, such holders may be entitled to purchase and the other obligations hereunder. The subdivision or combination of Units shares of Common Stock at any time outstanding into a greater or lesser number of Units shares shall not be deemed to be a reclassification of the Units shares of Common Stock for purposes of this Paragraph 3(f3(k).